If you’re considering applying for disability benefits, one of the most common questions we hear at Seelig Law Offices is: “How long does it take for a lawyer to get your disability?” This is understandable, as financial pressures often mount while waiting for benefits to begin. Understanding the timeline can help you set realistic expectations and prepare accordingly.

The Disability Application Process: An Overview

Before diving into how long it takes for a lawyer to get your disability benefits approved, it’s important to understand the general process. Social Security disability benefits come in two main forms: Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). While both programs provide benefits to disabled individuals, they have different eligibility requirements and sometimes different processing timelines.

The standard disability application process typically includes:

1. Initial Application
2. Reconsideration (if initially denied)
3. Administrative Law Judge (ALJ) Hearing (if denied at reconsideration)
4. Appeals Council Review (if denied by the ALJ)
5. Federal Court Review (if denied by the Appeals Council)

Initial Application Phase: 3-6 Months

When you first apply for disability benefits, with or without a lawyer, the Social Security Administration (SSA) typically takes 3-6 months to make an initial determination. During this time, the SSA reviews your medical records, work history, and other relevant information to determine if you meet their definition of disability.

Having an SSDI lawyer assist with your initial application can help ensure that all necessary documentation is included and properly presented. This may increase your chances of approval at this stage, potentially shortening the overall timeline. However, it’s important to note that approximately 65-70% of initial applications are denied, regardless of whether an applicant has legal representation.

Reconsideration Phase: 3-5 Months

If your initial application is denied, your lawyer will help you file a Request for Reconsideration. This is essentially asking the SSA to review your case again, often with updated or additional medical evidence. The reconsideration phase typically takes another 3-5 months.

During this time, your SSDI lawyer will work to strengthen your case by:

• Obtaining additional medical records
• Securing statements from your treating physicians
• Addressing any specific reasons cited for the initial denial

Unfortunately, the approval rate at the reconsideration level is even lower than at the initial application stage, with only about 10-15% of cases being approved.

Administrative Law Judge Hearing: 9-18 Months

If your claim is denied at the reconsideration level, the next step is requesting a hearing before an Administrative Law Judge (ALJ). This is where having a lawyer becomes particularly valuable, as the approval rates significantly increase with proper legal representation.

The waiting time for an ALJ hearing varies dramatically depending on your location. Currently, the national average wait time is approximately 9-18 months from the time you request a hearing until it actually takes place. Some hearing offices have shorter wait times of around 8 months, while others may have backlogs extending beyond 18 months.

This is often the most frustrating part of the process when considering how long it takes for a lawyer to get your disability benefits approved. Your lawyer cannot speed up the scheduling of the hearing, as this is entirely dependent on the backlog at your local hearing office.

How a Lawyer Prepares During the Waiting Period

While waiting for your hearing date, your SSDI lawyer will be actively working on your case by:

• Continuing to gather updated medical evidence
• Preparing you for the types of questions the judge may ask
• Developing legal arguments based on SSA regulations and case law
• Potentially obtaining statements from vocational or medical experts
• Drafting a detailed brief for the judge outlining why you meet the legal definition of disability

This preparation is crucial and can significantly impact the outcome of your hearing. At Seelig Law Offices, we use this time to build the strongest possible case for our clients.

The Hearing and Decision: 1-3 Months

The ALJ hearing itself typically lasts about an hour. Your lawyer will present arguments, question witnesses (if any), and help you testify effectively about your conditions and limitations. After the hearing, the judge generally takes 1-3 months to issue a written decision.

If approved at this stage, it usually takes another 1-2 months for benefits to start and for any back pay to be calculated and paid. The total time from application to receiving benefits after an ALJ hearing approval is typically 18-24 months.

Beyond the ALJ: Appeals Council and Federal Court

If the ALJ denies your claim, your lawyer may recommend appealing to the Appeals Council. This process adds another 12-18 months to the timeline. If the Appeals Council denies your claim, the final step is filing a lawsuit in Federal District Court, which can add another year or more to the process.

These later stages of appeal are complex and time-consuming, further extending how long it takes for a lawyer to get your disability benefits approved. However, each level of appeal offers another opportunity for approval, and some cases that were initially denied are eventually approved at these later stages.

Factors That Affect How Long It Takes for a Lawyer to Get Your Disability Approved

Several factors can influence the timeline for disability approval:

Quality of Medical Evidence

The strength and completeness of your medical evidence is perhaps the most important factor. A lawyer who helps you obtain thorough, well-documented medical records that clearly establish your disability can potentially shorten the process.

Your Age, Education, and Work Experience

The SSA considers these factors when determining disability. Generally, it may be easier to be approved if you are over 50, have limited education, or have a work history limited to physical labor jobs that you can no longer perform due to your disability.

Type and Severity of Disability

Some conditions, such as terminal illnesses or certain obviously debilitating conditions, may qualify for expedited processing through the Compassionate Allowances program, significantly reducing how long it takes for a lawyer to get your disability approved.

Hearing Office Location

Wait times vary significantly between different SSA hearing offices. Some locations have much longer backlogs than others, which directly impacts the overall timeline.

Lawyer’s Experience and Approach

An experienced SSDI lawyer knows what evidence is most persuasive, how to present your case effectively, and may have established relationships with local SSA staff and judges. This knowledge can help streamline the process when possible.

Can Hiring a Lawyer Speed Up the Process?

A common question is whether hiring a lawyer can make the process faster. The honest answer is: partially. While a lawyer cannot change the SSA’s processing times or move your hearing date up (except in rare dire circumstances), they can:

• Ensure your initial application is complete and compelling, increasing the chance of early approval
• Help avoid delays caused by incomplete or improperly submitted documentation
• Potentially identify if you qualify for expedited processing programs
• Present the strongest possible case at each level of the process

At Seelig Law Offices, we understand that the question of how long it takes for a lawyer to get your disability approved is crucial for planning your financial future. While we cannot guarantee a specific timeline, we work diligently to avoid unnecessary delays and to present your case in the most effective manner possible.

On-the-Record Decisions: A Potential Time-Saver

One way an experienced SSDI lawyer might shorten the process is by seeking an “on-the-record” (OTR) decision. This involves submitting a written request asking the judge to approve your claim without a hearing based on the strength of your medical evidence and legal arguments.

If successful, an OTR request can reduce the waiting time by several months by essentially skipping the hearing stage. However, these are granted relatively rarely and only in cases where the evidence of disability is particularly clear and compelling.

What You Can Do to Help the Process

While much of the timeline is outside your control, there are steps you can take to help your lawyer get your disability benefits approved as efficiently as possible:

• Keep all medical appointments and follow treatment recommendations
• Promptly inform your lawyer of any changes in your medical condition
• Respond quickly to requests for information or documentation
• Be completely honest about your conditions and limitations
• Keep a journal documenting how your disability affects your daily activities

These actions help provide your lawyer with the tools needed to effectively advocate on your behalf.

Balancing Patience with Proactive Advocacy

When considering how long it takes for a lawyer to get your disability approved, the reality is that the process often takes longer than most applicants expect or can comfortably manage. The total time from initial application to receiving benefits typically ranges from 6 months (for those fortunate enough to be approved initially) to 2+ years (for those requiring an ALJ hearing or beyond).

At Seelig Law Offices, we understand the financial and emotional strain this waiting period places on our clients. That’s why we not only work diligently on your disability case but also help you explore other resources and support systems that may be available while you wait.

Remember that while the process can be lengthy, having knowledgeable legal representation significantly increases your chances of ultimately being approved. The question of how long it takes for a lawyer to get your disability approved may not have the quick answer you hoped for, but with persistence and proper representation, the end result is often worth the wait.

If you’re considering applying for disability benefits or have already been denied, contact Seelig Law Offices for a consultation. We’ll give you an honest assessment of your case and a realistic timeline based on current conditions and your specific situation.

Don’t Navigate This Journey Alone

The path to disability benefits is complex, but you don’t have to walk it by yourself. Our SSDI attorneys at Seelig Law Offices are ready to guide you through every step of the process, potentially increasing your chances of approval while reducing unnecessary stress. Contact us today for a free consultation about your disability claim.